SUBHOJIT DUTTA Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner, Subhojit Dutta, by filing the instant application under Art. 226 of the Constitution has sought for withdrawal, recalling and/or cancellation of the impugned letter dated 29th Feb., 2008, being Annexure-'P-7' to the writ application.

(2.) Grievances of the petitioner, as ventilated in the instant application, may briefly be stated as follows:- After getting promotion at various levels, he was finally posted as General Manager (North) w.e.f. 1st April, 2004. The Secretary of the Public Enterprises Selection Board (PSEB) by notification No. 7/68/2004-PESB dated 14th Sept., 2004 apprised the Bridge and Roof Co. (I) Ltd. that the Public Enterprises Selection Board was on the look out for a suitable candidate for the post of Director (Project Management) of Bridge and Roof Co. (I) Ltd. Request was made that names of the willing eligible candidates seniority-wise might be forwarded to the office of Public Enterprises Selection Board within 30 days from the issue of that letter. In pursuance of the said notification, the petitioner applied for the said post in the prescribed proforma and it was duly forwarded by respondent No. 2 company to its holding company, the Bharat Yantra Nigam Ltd. which in turn forwarded the same to the office of Public Enterprises Selection Board. The petitioner duly appeared on 22nd Dec., 2004 for selection to the said post.

(3.) By letter dated 17th June, 2005, the Company Secretary of the respondent No. 2 company was informed that the President of India had sanctioned appointment of the petitioner as Director (Project Management) of the respondent No. 2 company w.e.f. 12th April, 2005. The terms and conditions of such service included the period of such appointment. It was mentioned that such period of appointment will be till the date of his superannuation or until further orders, whichever is earlier and in accordance with the provisions of the Companies Act. It was further mentioned that the appointment may, however, be terminated even during this period by either side on three months notice or on payment of three months salary in lieu thereof. At the time of such appointment, the age of retirement of the employees in respect of Board and Below Board Level employees of the respondent No. 2 company was 58 years. Government of India, Ministry of Heavy Industries and Public Enterprises, Department of Heavy Industry by a Memo No. 7(12)/2007-PE dated 30th July, 2007 conveyed the Managing Director of Bridge & Roof Company (I) Ltd., Kolkata about the approval of the competent authority to enhancement of retirement age from 58 to 60 years in respect of Board and Below Board Level employees of Bridge & Roof Company (I) Ltd. (B & R) with immediate effect. Thus, in terms of clause (i) of the letter dated 17th June, 2005, the appointment of the petitioner for the post of Director (Project Management) would be till the date of his superannuation i.e. on attaining the age of 60 years or until further order whichever is earlier and in accordance with the provisions of the Companies Act.